Is my Father’s Will enforceable after remarriage?

My father passed today.
I have his Will dated 12/2001.
He remarried in 2006.
If there is no other Will in place, is the one I have still good?

Asked on January 25, 2019 under Estate Planning, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Assuming that your father's Will was valid when executied, it is still valid now. Remarriage does not invalidate an exisiting Will. That having been said, one spouse may not disiherit the surviving spouse. So if your father's wife is not mentioned in the Will, she still has rights of inheritance. MI law, and that of most other states, allows a survivng spouse to claim an elective share of the deceased spouse's estate, even if they are not mentioned in the Will. The surviving spouse may receive up to 1/2of the amount that they would receive if the deceased spouse did not have a Will.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, the will you have is still valid (assuming it was properly signed and witnessed, and so was valid in the first place). A will is NOT changed or invalidated by the passsage or time or even by marriage. Certainly, when your father remarried, he could have changed or revised his will; but if did not, the existing will remains in effect.

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